58. What sanctions are provided for political finance infractions?

Algeria

Algeria

Answer
  • Fines
  • Prison
  • Deregistration of party
  • Loss of political rights
  • Suspension of political party
Source

Articles 65 and 79, Organic Law No. 12-04 of 18 Safar 1433 (January 12, 2012) relating to political parties                           http://www.apn.dz/fr/images/textes_reformes_politiques_fr/08-loi_organique12-04.pdf.

Articles 289, 292, 300, 311 and 305Ordinance No. 21-01 of 26 Rajab 1442 (March 10, 2021) on the organic law relating to the electoral system 

http://www.droit-afrique.com/uploads/Algerie-Code-2021-electoral.pdf       

Comment

Art. 65.- When the breaches provided for within the framework of the application of this organic law are the act of an approved party, the suspension, dissolution or closure of the premises of the party.                                                           Art. 79. Misappropriation, embezzlement of political party assets as well as their use for personal purposes are punishable in accordance with the legislation in force.                                                                                                                     Art. 289. - The use of goods or means of administration or public goods for the benefit of a party political, candidate or list of candidates, is punished with a imprisonment of six (6) months to three (3) years and a fine of 6,000 DA to 60,000 DA.

Art. 292. - Is punished with a fine of 100,000 DA to 500,000 DA anyone who has the use of a commercial advertising process for propaganda purposes during the period of the election campaign.                                                   Art. 300. - Anyone, by donations or promises of donations in cash or in kind, by promises of favor public or private jobs or other benefits individuals made in order to influence the vote of one or more several voters, will have obtained or attempted to get their suffrage, either directly or by the company of a third party or will have by the same means, determined or tempted determine one or more of them to abstain, is punishable by imprisonment of two (2) to ten (10) years, and a fine of 200,000 DA or  1.000.000 DA. 

Art. 311. - Is punished with a fine of 400,000 DA to 800,000 DA and the prohibition of the right to vote and to be eligible for five (5) years, at most, any candidate or list candidates who have not submitted a campaign account or whose account was rejected by the Control Commission financing the election campaign.                                                 Art. 305. - Anyone who violates the provisions of the Articles 83 and 84 of this organic law is punished by a sentence of imprisonment of two (2) to five (5) years and a Fine of 50,000 DA to 200,000 DA.

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